In most instances, the guardians must be bonded and must file a formal accounting with the court each year with a petition for approval. All of these costs are taken from the child’s assets and can be very expensive.

There is another option: instruct that a trust be created for each minor child in your will at the death of both parents. In the will, you can state that the trustee doesn’t need to post a bond or to file an accounting with the court every year.

Setting up a trust for a minor child is usually easier and less expensive than leaving the assets outright to a minor child and having a guardian appointed. Many estate planning attorneys like DANIEL T. FLEISCHER recommend that even if you think your children will be over 18 when both spouses die, consider keeping the assets in a trust for the children to protect them from themselves. It is advised to wait until they reach a specific age, when they would be best ready to handle the assets. For some, this might be age 30 or 35, or older. Other parents set up the trust to continue for their entire lives to protect the assets in the trust from future claims of the child’s creditors, or in the event that he or she goes through a divorce. Assets that continue to be held in the trust, can’t be touched by a child’s current or future creditors.

Trusts can have a considerable amount of flexibility. For instance, the trustee can be given the authority to make liberal distributions to the child for any reason the trust creator wants or for no reason at all. At a certain specific age, the child can also become a co-trustee of his or her own trust and be given the power to remove and replace the co-trustee making the distribution decisions. That can give the child significant control over his or her own trust.

A qualified estate planning attorney will be able to discuss what certain types of trusts can and cannot do, and whether or not a trust is appropriate for your family. It is important to note that a trust that works for your neighbors, may not be the right fit for you. Trusts are not “one size fits all” planning tools. Please mention this blog post when scheduling an appointment and visit www.411Probate.com.

Do you live in Miami-Dade, Broward, or Palm Beach counties in Florida? Laws are constantly changing-- has your estate plan been reviewed in the last 2-3 years? Call me (954-888-1747) right away for peace of mind. I can help!

My practice is exclusively estate planning and probate,

I have prepared numerous estate plans in 16 years of practice,

I have administered estates and trusts through Probate all over Florida,

Why would we recommend D.T.F.? Several Reasons: Your ability to explain complex estate problems, clearly and patiently; your total lack of arrogance and pretense; a strong feeling that you are motivated by what you perceive is best for your client, rather than what would generate the largest legal fees; finally, and importantly, you are a lovely guy. A.C.

★★★★★

Two words cannot sum up the entire process of creating my “trust.” I enjoyed your attention to detail, your patience of explaining terms and conditions until I understood, also giving me copies to read and understand. Thank you for your suggestions on what was best for “me” but still allowing me to make my choice. Most of all, thank you for thinking of “me.” Wells Fargo said “you were the best” I cannot deny that. Again thank you very much for everything. Anna is an asset or a compliment to the firm. She is warm and very caring. It was great doing business. Thank you.

We serve clients throughout Florida including those in the following localities: Broward County including Davie, Fort Lauderdale, Hallandale Beach, Hollywood, Margate, Pembroke Pines, Plantation, Sunrise, Tamarac, and Weston; Miami-Dade County including Aventura, Coral Gables, Miami, North Miami, and North Miami Beach; and Palm Beach County including Boca Raton, Boynton Beach, Delray Beach, and West Palm Beach.